Confirm favorite deletion?
Contracts Keyed to Dawson
In re Baby M
Citation:109 N.J. 396, 537 A.2d 1227.
William and Elizabeth Stern wished to have children, however, Elizabeth feared she may be at a high-risk for complications due to her multiple sclerosis diagnosis. The Sterns ultimately decided to pursue surrogacy and were connected with Mary Beth Whitehead through the Infertility Center of New York. Mary Beth agreed to act as a surrogate mother for the couple and on February 6, 1985 William Stern, Mary Beth Whitehead, and Richard Whitehead executed a surrogate parenting agreement. The surrogacy contract contained the following fees: a $7,500 service fee to the Infertility Center, a $10,000 payment once the child was surrendered to the Sterns, a $1,000 payment if the child was stillborn, and an adoption fee. Furthermore, the contract contained a clause directing Mary Beth to surrender custody of the child to the Sterns at the child’s birth and to terminate her parental rights so that Elizabeth Stern could adopt the child. Thereafter, Mary Beth was artificially inseminated and on March 27, 1986 Baby M was born. On March 30, 1986, Mary Beth turned the child over to the Sterns, but returned to their home on March 31 because she was suffering without the child. The Sterns gave Baby M to Mary Beth fearing she may commit suicide otherwise, and Mary Beth agreed to return the child in a week. However, the Whiteheads fled with Baby M to Florida and it was four months until Baby M was returned to the Sterns by law enforcement.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.